| CHRISTINE M. FOOTMAN NOW KNOWN AS CHRISTINE FELICIANO V CALVIN FOOTMAN |
| Motion No: CA 13-00414 |
| Slip Opinion No: 2013 NY Slip Op 78691(U) |
| Decided on July 2, 2013 |
| Appellate Division, Fourth Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. CA 13-00414
| CHRISTINE M. FOOTMAN NOW KNOWN AS CHRISTINE FELICIANO,
PLAINTIFF-RESPONDENT, V CALVIN FOOTMAN, DEFENDANT-APPELLANT. |
Appellant having moved for permission to proceed as a poor person and for assignment of counsel on the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Oneida on February 11, 2013,
Now, upon reading and filing the statements of Carl V. Graziadel, Esq., dated April 29, 2013, and May 14, 2013, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied, with leave to renew upon filing and serving a new motion with an affidavit addressed to this Court setting forth the amount and sources of the appellant's income, that the appellant is unable to pay the costs, fees, and expenses necessary to prosecute the appeal, and whether any other person is beneficially interested in any recovery sought and, if so, whether every such person is un able to pay such costs, fees, and expenses (see CPLR 1101 [a]; 22 NYCRR 1000.14 [a] [1]).
Entered: July 2, 2013
Frances E. Cafarell, Clerk